The Northern Territory of Australia v Sangare

The High Court of Australia considered an appeal by the Northern Territory of Australia against a decision of the Full Federal Court concerning the interpretation of the *Native Title Act 1993* (Cth) and the *Corporations Act 2001* (Cth). The dispute arose from a native title determination that recognised the native title rights and interests of the Sangare people over an area of land. The Northern Territory sought to argue that certain provisions of the *Corporations Act* relating to the registration of native title bodies corporate had not been complied with, thereby invalidating the native title determination.

The central legal issue before the High Court was whether the registration requirements under the *Corporations Act* were a prerequisite for the validity of a native title determination made under the *Native Title Act*. Specifically, the Court had to determine if the failure to register the native title body corporate within the prescribed timeframe, as stipulated by the *Corporations Act*, rendered the native title determination void *ab initio*.

The High Court unanimously held that the registration requirements of the *Corporations Act* were not a condition precedent to the validity of a native title determination. The Court reasoned that the *Native Title Act* established a distinct statutory scheme for the recognition and protection of native title rights, and the registration provisions of the *Corporations Act* were procedural in nature and did not operate to invalidate a determination made by the National Native Title Tribunal. The Court emphasised that the *Native Title Act* itself provided mechanisms for dealing with non-compliance with its own procedural requirements, which did not extend to invalidating the substantive determination of native title rights.

The appeal was dismissed, and the native title determination in favour of the Sangare people was upheld.